DID YOU KNOW: October 7th is World Day for Decent Work?
Has the Government approved a bill that includes a set of legislative measures relating to decent work and that meet objectives considered to be priorities in the labour market in view of the challenges identified during the Covid 19 pandemic?
On April 3, 2023, the Decent Work Agenda was approved by Law No. 13/2023, which amended the Labor Code and related legislation. This DL comes into force on July 6, 2023 and has effects since May 1, 2023.
What is the concept of Decent Work? It is the opportunity to carry out productive work with a fair income, with security and social protection, with prospects for personal development and social integration, with freedom for people to express their concerns and participate in decisions that affect their lives and with equal opportunities and treatment for all, enjoying a quality of life. To achieve this, an Agenda was developed based on the Organization's four strategic objectives: promoting employment; guaranteeing rights at work; extending social protection and promoting social dialogue.
The right to work is a human right, referred to as a social and economic right. Work plays an essential role in society, since it is through work that individuals can contribute to the community, as well as satisfy their needs and establish social relationships. However, not all work contributes positively, since only decent work can maintain a life with dignity.
What is it? The Agenda for Decent Work and the Valorization of Young People in the Labor Market is a set of measures that aim to improve working conditions and the balance between personal, family and professional life.
What measures are being considered in the Decent Work Agenda? The agenda includes around 70 measures with the aim of combating precariousness and consequently increasing wages and promoting equality in the labour market between women and men, with new measures designed to encourage the real sharing of family responsibilities. In this way, the changes promoted by the Decent Work Agenda aim to value workers and defend the interests of those entering the labour market.
What are the main measures dedicated to PROTECTING YOUNG WORKERS?
• The duration of temporary contracts now has maximum limits, when the same function is being performed, even if the employer is different;
• The number of renewals of temporary contracts is reduced to four;
• The trial period is reduced for young people who have already had fixed-term contracts in the same activity, even with another employer;
• The trial period is reduced for young people who have already had fixed-term contracts in the same activity, even with another employer;
• The use of outsourcing (subcontracting of external services) is now prohibited for one year after a collective dismissal or job termination;
• Professional internships will now be paid at a minimum of 80% of the National Minimum Wage, and IEFP internship grants for graduates will be increased to €960;
• The entity promoting the internship must take out work accident insurance;
• The protection of the rights of young working students (aged 27 or under) is also reinforced, meaning they can now receive family allowance and scholarships in addition to their salary.
What are the main changes regarding LICENSES and work-family balance?
• Initial part-time parental leave, with 30 or 60 days of leave shared between both parents, depending on whether the leave is 150 days or 180 days.
• Exclusive parental leave for fathers increases from 20 working days to 28 consecutive days;
• After 120 days, the leave can be used part-time by both parents, increasing the total duration;
• Pregnancy bereavement leave is created, which can last up to 3 days;
• Leave due to the death of a spouse increases from 5 days to 20 days;
• Parents of children with disabilities, chronic or ontological illnesses, regardless of age, now have the right to telework, without the need for an agreement on the part of the employer;
• Extension of the exemption and leave for those who adopt a child or want to be a foster family.
What are the main changes for non-primary INFORMAL CAREGIVERS (the spouse or de facto partner, relative or in-law up to the 4th degree of the direct or collateral line of the person being cared for, who accompanies and cares on a regular but not permanent basis, and may or may not receive remuneration for professional activity or for the care they provide to the person being cared for, who requires permanent care, as they are in a situation of dependency)?
• Annual leave of 5 working days, which must be taken consecutively, to assist the person being cared for, without loss of any rights, and is considered as effective work;
• 15 days of justified absences per year to assist the person being cared for in the event of illness or accidents;
• Teleworking, flexible hours or part-time;
• Exemption from providing additional work, while the need for assistance is verified;
• Protection against dismissal and discrimination, which requires prior opinion from the Commission for Equality in Work and Employment.
Work prepared by Beatriz Sousa
Summer internship at JLAdvogados Lawyers.RL
07/08/2024
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